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HomeMy WebLinkAbout20201841 Ver 1_Site_ePCN_Memo_&_Supporting_Documentation_20221104WILDLANDS ENGINEERING MEMORANDUM TO: 401/404 Permit Reviewer FROM: Ian Eckardt, Wildlands Engineering DATE: November 4, 2022 RE: Pre -Construction Notification - Supporting Documentation BRIDGEFORK DAIRY MITIGATION SITE Cleveland County, NC On behalf of the North Carolina Department of Mitigation Services (NCDMS), Wildlands Engineering, Inc. (Wildlands) is submitting a Pre -Construction Notification (PCN) for the Bridgefork Dairy Mitigation Site (SAW-2020-01962) in Cleveland County approximately 2.5 miles northwest of Kings Mountain, NC in the Broad River Basin (HUC 03050105). The project seeks a Nationwide Permit (NWP) 27 and Water Quality Certification 4134 for stream restoration, stream enhancement, wetland re-establishment, wetland rehabilitation, and wetland enhancement. The project proposes to generate stream and wetland mitigation credits for the NCDMS. Existing project resources have been altered by historic agricultural practices resulting in impaired stream and wetland conditions. Streams exhibit channelization, incision, erosion, and limited ecological function. Floodplain riparian wetlands proposed for re-establishment and rehabilitation are impaired by historic ditching, cattle grazing, stream incision, and use of tile drains. The project proposes stream restoration, enhancement II, and preservation to approximately 12,745 linear feet (LF) of stream as well as the re-establishment, rehabilitation, and enhancement of over three acres of wetlands. Stream mitigation approaches include 9,606 LF of restoration, 3,021 LF of enhancement II, and 118 LF of preservation on ten unnamed tributaries (UTs) to Potts Creek. For project purposes the tributaries have been named Bridgefork Creek, UT1, UT2, UT3, UT4, UT4A, UT5, UT6, UT6A, and UT7. Restoration will involve construction of new channel pattern, profile, and dimension. Restored channels will be reconnected with active floodplain. Instream structures including boulder sills, boulder toe, brush toe, cover logs, constructed riffles, log sills, log vanes, log j-hooks, rock j-hooks, and vegetated soil lifts will be installed to provide stability and habitat. Enhancement II is proposed on streams that are relatively more stable and generally involve fencing out cattle, buffer planting, debris removal, and invasive species treatment. Limited grading, channel reconstruction, and instream structures are also proposed on some enhancement reaches. Approximately 2.59 acres of wetland re- establishment, 0.293 acres of wetland rehabilitation, and 0.05 acres of wetland enhancement are also proposed. Wetland uplift will involve restoring stream and floodplain connectivity, floodplain grading, and filling existing ditches. An existing pond will also be decommissioned and filled to facilitate wetland re-establishment and enhancement in Wetland Area 2 along UT1. Three best management practices (BMPs) are proposed in non -jurisdictional areas on UT1, UT4, and UT6A to address concentrated storm water runoff. The project area will be planted with native riparian species and protected in perpetuity by a conservation easement. Supporting Documentation Table of Contents 1 North Carolina Division of Water Resources Pre -Filing Meeting Request...................................3 2 Figures....................................................................................................................................... 5 2 Landower Authorization Forms............................................................................................... 15 3 Categorical Exclusion Checklist............................................................................................... 22 4 Preliminary Jurisdiction Determination Documentation........................................................27 Please do not hesitate to contact me at 704-332-7754 or at ieckardt@wildlandseng.com should you have any questions. Sincerely, Ian Eckardt Senior Environmental Scientist, PWS Bridgefork Dairy Mitigation Site NC Division of Water Resources Pre -Filing Meeting Request From: laserfiche(@ncdenr.gov To: Jordan Hessler Subject: Pre -Filing Meeting Request Submittal for Bridgefork Dairy Mitigation Site Date: Monday, November 30, 2020 3:47:02 PM Attachments: DWR Pre -Filing Meeting Request Form.odf The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Bridgefork Dairy Mitigation Site that you submitted on 11/30/2020. Attached is a copy of your initial request. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses aren't monitored. Bridgefork Dairy Mitigation Site Figures (Vicinity, USGS, Site, Soils, & Impacts) ubbs 0 a n ff Q 03050105100010 m s � Marys Grove'-".. a G 1 s I � r i sr I % Z uke Ch��l. Stan /Point �h %� Kings Mountain i yo Reservoir Oak U o" Rd / Ports �fPP a a Q1 vP / 03050102050020 .. ,I I 5unnyside S17adYRPs� �, Long 03050102070020 y!j � 11 9 Creek Rd �R-6 c a ` •�� i 1201 ff N taw �e v a I � / v �.�-Ba# GroveCO U N Kings Mountain ` 1 •�„ Country Club 030501011800101 Shelby Rd"�._._.._.._..i'/nt \E`Ing St Kg s Rd iCra in �a ea 03050105100030 24 ro ��ea I 1� l i dad � I 9i M i d p I/ J' 03050105120010 a County Line Hydrologic Unit Code (14-Digit) I Q Project Parcels WILDLANDS kt� ENGINEERING Sandy Plains G° f 03050105100020 -A 6 l� OFF o- Q_c? w6e dtt ersOn Rd Figure 1 Vicinity Map 0 0.75 1.5 Miles Bridgefork Dairy Mitigation Site I I I I I t Broad River Basin 03050105 Cleveland County, NC Project Parcels Limits of Disturbance Site Coordinates if 1-nor L ti ems. -.000 1 ,. ` Wacv, NC USGS 7.5 Minute Topographic Quadrangle M .a900cr WILDLANDS krw ENC5INEERING 0 1,000 Feet I I I Figure 2 USGS Topographic Map Bridgefork Dairy Mitigation Site Broad River Basin 03050105 Cleveland County, NC R , � N y O co V O 1) 7 c E E u 3 o e I E a d �W oi V 41 i _ 41 .c .. = m , 1M V ►��� Y s L G V C7 c 4 0 w. cc i 40 - ..:F -„, N E £ E E E rEn E rEo a 4 � S L C i• a :-4 M OlOw 0 i Ij AL le E -5 J-z E E E c d F� b b `aE t r t N 2 E E E In tz ....... ....... 47A m t wd IT 0 avii, J� .J 512: Ref motion ui4 515: Relocation 54: Ford W10: Floodplain Grading & Fonstruction Access W71: Road Fill FloodnIII ain Grading & W74: Floodplain Gradin< Gonstrudion Access Project Parcels Limits of Disturbance Existing Wetlands © WetlandImpact- Permanent Wetland Impact -Temporary Perennial Project Stream —•••—••• Intermittent Project Stream Stream Impact- Permanent Stream Impact- Permanent (Ford) Stream Impact - Permanent (Culvert) Stream Impact - Temporary Non -Project Streams 0'_ W I L D L A N D S Figure 5.2 Aquatic Resource Impact Map ENGINEERING t Bridgefork Dairy Mitigation Site 0 150 300 Feet Broad River Basin 03050105 1 1 1 1 1 Cleveland County, NC -- % m B'. w z - a n � ro n a y .0 E E E v 3 •O v � � � G O LL 0 Bridgefork Dairy Mitigation Site Landowner Authorization Forms LANDOWNER AUTHORIZATION FORM PROPERTV LEGAL DESCRITION: Deed Book: 1314, 1718 Page: 1782, 1059 County: Cleveland Parcel I❑ Number: 2585878557, 2585777748 Street Address: Patterson Road, Kings Mountain, NC 28086 Property Owner (please print): Dennis and Susan Patterson Properly Owner (please print): The undersigned, registered property owner(s) of the above property, do hereby authorize Wildlands Engineering, Inc. to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certifications). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: (if different from above) Property Owner Telephone Number: 704-860-4787 Property Owner Telephone Number: We hereby certify the above n information to be true and accurate to the best of our knowledge. (Property Owner AufForized Signature) `J (Date) rty Owner Authorized Signature) (Date) LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 11 R Page: 476 County: Cleveland Parcel I❑ Number: 2585885323 Street Address: 347 Patterson Road, Kings Mountain, NC 28086 Property Owner (please print): Hayward and Nancy Patterson Property Owner (please print): The undersigned, registered property owner(s) of the above property, do hereby authorize Wildiands Engineering, Inc. to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations anti delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: (if different from above) Property Owner Telephose Number: 704-860-4787 Property Owner Telephone Number: We hereby certify the above information to be true and accurate to the best of our knowledge. (Prop V'� X'.6 (Property Owner Authorized Signature) a caner Authorized Signature) (Date) (Date) LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 1769 Page: 2108 County: Cleveland Parcel ID Number: 2586812597 Street Address: 511 Oak Grove Road, Kings Mountain, NC Property Owner: William Lawrence Hamrick The undersigned, registered property owner(s) of the above property, do hereby authorize Wildlands Engineering, Inc. to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: 240 Parkview Dr., Cartersville, GA 30120 (if different from above) Property Owner Telephone Number: 770-324-3436 We hereby certify the above information to be true and accurate to the best of our knowledge. Owner Authorized Signature) (Date) LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 1604 Page: 977 County: Cleveland Parcel ID Number: 2585675964 Street Address: 125 Dillon Road, Kings Mountain, NC 28086 Property Owner (please print): Bryan Keith Dellinger Property Owner (please print): Mary Elizabeth Dellinger The undersigned, registered property owner(s) of the above property, do hereby authorize Wildlands Engineering, Inc. to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: (if different from above) Property Owner Telephone Number: 704-418-6888 Property Owner Telephone Number: We hereby certify the z--o llr' Owner Authorized (Propertycaner Authorized to be true and accurate to the best of our knowledge. (Date) (Date) LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 1774 Page: 2043 County: Cleveland Parcel ID Numbers:•2585670580, 2585584130, 2585487530 Street Address: 175 Dillon Road, Kings Mountain, NC 28086 Property Owner (please print): Luke Edward Judd The undersigned, registered property owner(s) of the above property, do hereby authorize Wildlands Engineering, Inc. to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: (if different from above) Property Owner Telephone Number: 704-689-4666 We hereby certify the above information to be true and accurate to the best of our knowledge. A (Property er Authorized Signature) (Date) LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 1175,1188 Page: 1350, 2205 County: Cleveland Parcel ID Number: 2585495005, 2585595279 Street Address: 130 Dillon Road, Kings Mountain, North Carolina 28086 Property Owner (please print): Barbara Blanton Dellinger The undersigned, registered property owner(s) of the above property, do hereby authorize Wildlands Engineering, Inc. to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: (if different from above) Property Owner Telephone Number: We hereby certify the above information to be true and accurate to the best of our knowledge. K _ r. I - (Property Owner Authorized Signature) (Date) Bridgefork Dairy Mitigation Site Categorical Exclusion Checklist Appendix A Categorical Exclusion Form for Division of Mitigation Services Projects Version 2 Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document. Part 1: General Project Information Project Name: Bridgefork Dairy Mitigation Site Count Name: Cleveland DMS Number: 100171 Project Sponsor: Wildlands Engineering, Inc. Project Contact Name: Kirsten Gimbert Project Contact Address: 1430 S. Mint Street, Suite 104, Charlotte, NC 28203 Project Contact E-mail: kgimbert@wildlandseng.com DMS Project Mana er: Matthew Reid Project Description The Bridgefork Mitigation Site is being developed to provide stream and wetland mitigation in the Broad River basin. The project will include restoration, enhancement, and preservation of nine unnamed tributaries as well as wetland re-establishment and rehabilitation. The land -use on the property includes an active cattle farm, hay pasture, horse boarding pastures and some wooded areas. The major goals of the stream and wetland mitigation project are to provide ecological and water quality enhancements to the Broad River Basin while creating a functional riparian corridor at the site level. This will be accomplished by excluding livestock, stabilizing stream channels, restoring and enhancing native floodplain and wetland vegetation, implementing BMPs, and permanently protecting the site through establishing a conservation easement. For Official Use Only Reviewed By: April 23, 2021 Ac/ Date DMS Project Manager Conditional Approved By: Date For Division Administrator FHWA ❑ Check this box if there are outstanding issues Final Approval By: Date For Division Administrator FHWA 2: All Projects Regulation/QuestionPart p. Coastal Zone Management Act CZMA 1. Is the project located in a CAMA county? ❑ Yes ❑✓ No 2. Does the project involve ground -disturbing activities within a CAMA Area of ❑ Yes Environmental Concern (AEC)? ❑ No ❑✓ N/A 3. Has a CAMA permit been secured? ❑ Yes ❑ No ✓❑ N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management ❑ Yes Program? ❑ No ✓❑ N/A Comprehensive Environmental Response, Compensation and Liabilit Act CERCLA 1. Is this a "full -delivery" project? ✓❑ Yes ❑ No 2. Has the zoning/land use of the subject property and adjacent properties ever been ❑ Yes designated as commercial or industrial? ❑✓ No ❑ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential ❑ Yes hazardous waste sites within or adjacent to the project area? ❑✓ No ❑ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous ❑ Yes waste sites within or adjacent to the project area? ❑ No ❑✓ N/A 5. As a result of a Phase II Site Assessment, are there known or potential hazardous ❑ Yes waste sites within the project area? ❑ No ❑✓ N/A 6. Is there an approved hazardous mitigation plan? ❑ Yes ❑ No ❑✓ N/A National Historic Preservation Act Section 106 1. Are there properties listed on, or eligible for listing on, the National Register of ❑ Yes Historic Places in the project area? ✓❑ No 2. Does the project affect such properties and does the SHPO/THPO concur? ❑ Yes ❑ No ❑✓ N/A 3. If the effects are adverse, have they been resolved? ❑ Yes ❑ No ❑✓ N/A Uniform Relocation Assistance and Real Property Acquisition Policies Act Uniform Act 1. Is this a "full -delivery" project? ❑✓ Yes ❑ No 2. Does the project require the acquisition of real estate? ✓❑ Yes ❑ No ❑ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? ❑ Yes ❑✓ No ❑ N/A 4. Has the owner of the property been informed: ❑✓ Yes * prior to making an offer that the agency does not have condemnation authority; and ❑ No * what the fair market value is believed to be? ❑ N/A 3: Ground -Disturbing Activities Regulation/QuestionPart .. American Indian Religious Freedom Act AIRFA 1. Is the project located in a county claimed as "territory" by the Eastern Band of ✓❑ Yes Cherokee Indians? ❑ No 2. Is the site of religious importance to American Indians? ❑ Yes ✓❑ No ❑ N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic ❑ Yes Places? ❑ No ❑✓ N/A 4. Have the effects of the project on this site been considered? ❑ Yes ❑ No ❑✓ N/A Antiquities Act AA 1. Is the project located on Federal lands? ❑ Yes ✓❑ No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects ❑ Yes of antiquity? ❑ No ✓❑ N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ❑✓ N/A 4. Has a permit been obtained? ❑ Yes ❑ No ✓❑ N/A Archaeological Resources Protection Act ARPA 1. Is the project located on federal or Indian lands (reservation)? ❑ Yes ✓❑ No 2. Will there be a loss or destruction of archaeological resources? ❑ Yes ❑ No ✓❑ N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ✓❑ N/A 4. Has a permit been obtained? ❑ Yes ❑ No ✓❑ N/A Endangered Species Act ESA 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat ❑✓ Yes listed for the county? ❑ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ✓❑ Yes ❑ No ❑ N/A 3. Are T&E species present or is the project being conducted in Designated Critical ❑ Yes Habitat? ✓❑ No ❑ N/A 4. Is the project "likely to adversely affect" the species and/or "likely to adversely modify" ❑ Yes Designated Critical Habitat? ❑ No ✓❑ N/A 5. Does the USFWS/NOAA-Fisheries concur in the effects determination? ❑ Yes ❑ No ✓❑ N/A 6. Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination? ❑ Yes ❑ No ✓❑ N/A Executive Order 13007 Indian Sacred Sites 1. Is the project located on Federal lands that are within a county claimed as "territory" ❑ Yes by the EBCI? ❑✓ No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed ❑ Yes project? ❑ No ✓❑ N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred ❑ Yes sites? ❑ No ✓❑ N/A Farmland Protection Policy Act FPPA 1. Will real estate be acquired? ✓❑ Yes ❑ No 2. Has NRCS determined that the project contains prime, unique, statewide or locally ✓❑ Yes important farmland? ❑ No ❑ N/A 3. Has the completed Form AD-1006 been submitted to NRCS? ✓❑ Yes ❑ No ❑ N/A Fish and Wildlife Coordination Act FWCA 1. Will the project impound, divert, channel deepen, or otherwise control/modify any ✓❑ Yes water body? ❑ No 2. Have the USFWS and the NCWRC been consulted? ✓❑ Yes ❑ No ❑ N/A Land and Water Conservation Fund Act Section 6 f 1. Will the project require the conversion of such property to a use other than public, ❑ Yes outdoor recreation? ❑✓ No 2. Has the NPS approved of the conversion? ❑ Yes ❑ No ✓❑ N/A Magnuson -Stevens Fishery Conservation and Management Act Essential Fish Habitat 1. Is the project located in an estuarine system? ❑ Yes ❑✓ No 2. Is suitable habitat present for EFH-protected species? ❑ Yes ❑ No ✓❑ N/A 3. Is sufficient design information available to make a determination of the effect of the ❑ Yes project on EFH? ❑ No ✓❑ N/A 4. Will the project adversely affect EFH? ❑ Yes ❑ No ❑✓ N/A 5. Has consultation with NOAA-Fisheries occurred? ❑ Yes ❑ No ✓❑ N/A Migratory Bird Treat Act MBTA 1. Does the USFWS have any recommendations with the project relative to the MBTA? ✓❑ Yes ❑ No 2. Have the USFWS recommendations been incorporated? ✓❑ Yes ❑ No ❑ N/A Wilderness Act 1. Is the project in a Wilderness area? ❑ Yes ✓❑ No 2. Has a special use permit and/or easement been obtained from the maintaining ❑ Yes federal agency? ❑ No ✓❑ N/A Bridgefork Dairy Mitigation Site Preliminary Jurisdictional Determination Documentation U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01962 County: Cleveland U.S.G.S. Quad: NC -Waco NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: NC DEO Division of Mitigation Services Matthew Reid Address: 5 RavencroftDr. Suite 102 Asheville, NC 28801 Telephone Number: (828) 231-7912 E-mail: Matthew.reidkncdenr.gov Size (acres) 80 Nearest Waterway Potts Creek USGS HUC 03050105 Nearest Town Kings Mountain RiverBasin Santee Coordinates Latitude:35.259583 Longitude:-81.390695 Location description: Property is located at 125 Dillion Road, Kings Mountain, Cleveland County, North Carolina. PIN(s): 2585885323, 2585595279, 2585495005, 2585675%4. 2585878557. 2586812597, 2585584130, 2585487530, 2585670580, 2585777748 Indicate Which of the Following Apply: A. Preliminary Determination ® There appearto be waters onthe above described project area/property, thatmay be subjectto Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 10/14/2021. Therefore this preliminary jurisdiction determination maybe used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat allwaters and wetlands that would be affected in anyway by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contactingthe Corps districtforfurtherinstruction. ❑ There appear to be waters on the above described project a rea/property, that maybe subjectto Section 404 ofthe Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of C WA/RHA jurisdiction over allof the waters at the project area, which is not sufficiently accurate andreliable to support an enforceable permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultantto conduct a delineation thatcan be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters ofthe United States within the above describedproject area/property subjectto the permit requirements of Section 10 of the Rivers andHarbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean WaterAct (CWA)(33USC§ 1344). Unless there is a change in law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. ❑ There are waterson the above described project area/property subjectto the permit requirements of Section 404 of the Clean WaterAct(CWA)(33USC§ 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon fora period notto exceed five years from the date ofthis notification. ❑ We recommend you have the waters on your project area/property delineated. As the Corps may notbe able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation thatcan be verified by the Corps. ❑ The waters on yourproject area/property have been delineated and the delineation has beenverifiedby the Corps. The approximate boundaries of these waters are shown onthe enclosed delineationmapdatedDATE. We strongly suggest youhave SAW-2020-01962 this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWAjurisdiction on your property which, provided there is no change in the law or our published regulations, maybe relied upon for a periodnotto exceed five years. ❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, pre sent on the above described project area/property which are subject to the permit requirements of Section404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period notto exceed five years from the date of this notification. ❑ The property is located in one ofthe 2 0 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of CoastalMa nagement in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill materialwithin waters of the US, in cludin g wetlands, without a Department ofthe Army permit may constitute a violation of Section301 of the Clean WaterAct (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters ofthe United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or403). If you have any questions rega rdin g this determination and/or the Corps regulatory program, please contact Krystynka B Stygar at 252-545-0507 or krystynka.b.stygar&sace.army.mil. C. Basis For Determination: Based on information submitted by the anDlicant and available to the U.S. Army Corps of Engineers, the proiect area exhibits criteria for waters of the U.S. as defined in 33 CFR 328, Regulatory Guidance Letter 05-05, and the 1987 Wetland Delineation Manual, and/or Regional supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0 See the preliminary jurisdictional determination form dated 10/14/2021. D. Remarks: See attached Delineation Map entitled, "BridgeforkDairyMitigation Site" 10/1412021 E. Attention USDA Program Participants This delineation/determinationhas been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may notbe valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrativeappeal under Corps regulations at33CFRPart 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. Ifyourequest to appealthis determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth StreetSW,FloorM9 Atlanta, Georgia 3 0303-8803 AND PH I L I P.A. SHANNIN&USACE.ARMY.MIL In order for an RFAto be accepted by the Corps, the Corps must determine that it is complete, thatit meets the criteria for appeal under 33 CFR part 331.5, andthat it has been received by the Division Office within 60 days of the date ofthe NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit anRFAform to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: &,,TO Date of JD: 10/14/2021 Expiration Date of JD: Not applicable SAW-2020-01962 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy Furnished Property Owners: Barbara Blanton Dellinger 13 0 Dillon Roa d Kings Mountain, NC 28086 Bryan Keith Dellinger 125 Dillon Road Kings Mountain, NC 28086 Hayward andNancy Patterson 347 Patterson Road Kings Mountain, NC 28086 William Lawrence Hamrick 240 Parkview Drive Cartersville, GA 30120 (770)324-3436 Luke Edward Judd 175 Dillon Road Kings Mountain, NC 28086 (704) 689-4666 Dennis and Susan Patterson Patterson Road Kings Mountain, NC 28086 (704) 860-4787 Agent: Wildlands Engineering Win Taylor Address: 497 BramsomCourt, Suite 104 Mt. Pleasant, SC 29464 Telephone Number: 843-277-6221 E-mail: wtaylo rnwildla ndseng.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: NCDEODivision ofMitigation Services, File Number:SAW-2020-01962 Date:10/14/2021 Matthew Reid Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMITDENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E TION I - The following identifies yourrights and options regarding an administrative appealof the above decision. r itionalinformation may be found at orhttp://www.usace.army.miUMissions/CivilWorks/RegulatoryPro aamandPermits.aspx e Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and yourwork is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit yourright to appealthe permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)modify the permit to address allof your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appealthe permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and yourwork is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appealthe declined permit underthe Corps of Engineers Administrative AppealProcess by completing Section II of this form and sendingthe form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appealthe denial of a permit underthe Corps of Engineers Administrative AppealProcess by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may acceptor appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appealthe approved JD. • APPEAL: If you disagree with the approved JD, you may appealthe approved JD under the Corps of Engineers Administrative AppealProcess by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which maybe appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe yourrea sons for appea ling the decision or your obj ections to an initial proffered permit in clear concise statements. You may attach additionalinformation to this form to clarify where yourreasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appealis limited to a review of the administrative record, the Corps memorandum forthe record of the a ppea I conference ormeeting, and any supplemental information that the review officerha s determined is needed to clarify the administrative record. Neither the appellant northe Corps may add new information oranalysesto the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regardingthis decision and/or the If you only have questions regardingthe appealprocess you may appealprocess you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: Krystynka B Stygar ADMINISTRATIVE APPEAL REVIEW OFFICER Charlotte Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 8430 University Executive Park Drive, Suite 615 ATLANTA, GEORGIA 30303-8803 Cha rlottc, No rth Carolina 28262 PHONE: (404) 562-5136; FAX(404) 562-5138 EMAIL: PHILIP.A.SHANNINna,USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appealprocess. You will be provided a 15-day notice of any site investigation, and will have the opportunity to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Krystynka B Stygar, 8430University Executive park Drive, Suite 615, Charlotte, North Carolina, 28262 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CE SAD-PDO, 60 Forsyth Street, Room 10M15, Atla nta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 09/16/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: NC DEQ Division of Mitigation Services, Matthew Reid, 5 Ravencroft Dr. Suite 102, Asheville, NC 28801 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Bridgefork Dairy Mitigation Site, SAW-2020-01962 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Property is located at 125 Dillion Road, Kings Mountain, Cleveland County, North Carolina. PIN(s): 2585885323, 2585595279, 2585495005, 2585675964, 2585878557, 2586812597,2585584130,2585487530, 2585670580,2585777748 (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Cleveland City: Kings Mountain Center coordinates of site (lat/long in degree decimalformat): Latitude:35.259583 Longitude:-81.390695 Universal Transverse Mercator: UTM 17 Name of nearestwaterbody: Potts Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): October 14, 2021 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amountof aquatic resources in reviewarea (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404or Section 10/404) BridgeforkCreek 35.260218 -81.383580 7585LF Non -wetland waters Section 404 UT 1 35.258288 -81.381434 1331 LF Non -wetland waters Section 404 UT 2 35.257299 -81.385103 217 LF Non -wetland waters Section 404 UT 3 35.256370 -81.388691 604 LF Non -wetland waters Section 404 UT 4 35.261719 -81.388767 1464 LF Non -wetland waters Section 404 UT 4 a 35.260266 -81.387805 961 LF Non -wetland waters Section 404 UT 5 35.259793 -81.395030 174 LF Non -wetland waters Section 404 UT 6 35.265471 -81.392898 2257 LF Non -wetland waters Section 404 UT 6a 35.264154 -81.392703 416 LF Non -wetland waters Section 404 UT 7 35.258926 -81.390273 219 LF Non -wetland waters Section 404 Wetland A 35.258256 -81.381466 0.052 acres Wetland Section 404 Wetland B 35.259512 -81.383891 0.005 acres Wetland Section 404 Wetland C 35.259595 -81.384577 0.197 acres Wetland Section 404 Wetland D 35.257481 -81.386582 0.239 acres Wetland Section 404 Wetland E 35.257885 -81.388199 0.030 acres Wetland Section 404 Wetland F 35.258819 -81.389744 0.108 acres Wetland Section 404 Wetland G 35.258453 -81.389947 0.153 acres Wetland Section 404 Wetland H 35.259776 -81.393884 0.112 acres Wetland Section 404 Wetland 1 35.261196 -81.389064 0.006 acres Wetland Section 404 Wetland J 35.259787 -81.389254 0.005 acres Wetland Section 404 Wetland K 35.258167 -81.383049 0.107 acres Wetland Section 404 Wetland L 35.258813 -81.384682 0.006 acres Wetland Section 404 Open Water 35.258308 -81.383449 0.436 acres Non -wetland Waters Section 404 1. The Corps of Engineers believes that there may bejurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or othergeneral permitverification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the rightto request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subjectpermit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affectedby the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Wildlands for NCDMS ® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ❑ Office concurs with data sheets/delineation report. ❑ Office doesnotconcurwith data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: El Corps navigable waters' study: El U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: ® U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000k Waco Quadrangle ® Natural Resources Conservation Service Soil Survey. Citation: Websoilsurvey Figure 4 ❑Nationalwetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ®Photographs: ❑ Aerial (Name & Date): or ® Other (Name & Date): Site Photographs Taken 10/14/2021 ❑ Previous determination(s). File no. and date of response letter: ®Other information (please specify): NCDWO Stream ID Forms, Delineation Map (Figure 3) 10/14/2021 IMPORTANT NOTE: The information recorded on this form has not necessarily beenverified by the Corns and should not be relied upon for later jurisdictional determinations. S6 )9K Signature and date of Regulatory staff member completing PJD 10/14/2021 Signature and date of person requesting PJD (REQUIRED, unless obtainingthe signature is impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respondwithin the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action_ 4 q Assessment Area Potential Wetland Waters of the US COpen Water i� i / r —■ / SU 1 17° ' O , ,r 1 11 �., % 1 rvvl-.rai__.A n .. � . k. —. r AN WILDLANDS ENGINEERING ld f hl Potential Non-WetanWaters ote US (Perennia) Potential Non -Wetland Waters of the US (Intermittent) Non -Project Streams Data Point (DP#) Pond Discharge Pipe 0 500 Feet I I I I I M�. �1 Figure 3a Delineation Map Bridgefork Dairy Mitigation Site Broad River Basin (03050105) Cleveland County, NC 10/14/2021 Assessment Area = Potential Wetland Waters of the US Potential Non -Wetland Waters of the US (Perennial) Potential Non -Wetland Waters of the US (Intermittent) Non -Project Streams O Data Point (DP#) ON WILDLANDS %ENGINEERING FA 0 500 Feet I I I I r goo 'r~ Figure 3b Delineation Map Bridgefork Dairy Mitigation Site Broad River Basin (03050105) Cleveland County, NC 10/14/2021 Figure 3c Delineation Map WILD LANDS 0 500 Feet Bridgefork Dairy Mitigation Site ENGINEERING I I I I I Broad River Basin (03050105) Cleveland County, NC 10/14/2021 Figure 3 Delineation Map (Overview) OO WILD LANDS 0 1,000 Feet Bridgefork Dairy Mitigation Site ENGINEERING I I I I I Broad River Basin (03050105) Cleveland County, NC 10/14/2021